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Legal Authority/Introduction

LEGAL AUTHORITY:

N/A

Procedure

Prior to TPR, Cabinet staff does not open letters to and from a child in OOHC, or withhold letters from a child, unless the court has issued an order prohibiting correspondence from any party to a child in OOHC, at which point the letters are turned over to the court.

A court order may be sought, upon approval by the FSOS, if the SSW feels that correspondence between a party and a child is detrimental to the child’s well-being.

When correspondence to or from a child is limited or prohibited, the SSW:

Explains the reasons to the child; and

Communicates between the party and the child when appropriate.

If contact between a child in OOHC and a party has been court ordered to be supervised or monitored, the Cabinet may screen correspondence prior to delivery to the child.

When the SSW thinks a letter may upset the child, the SSW or caregiver is present when the child opens it.

The FSOS is only able to approve intercepting or prohibiting correspondence to a child from a parent when:

The parent’s rights have been terminated; and

The mail may have a disruptive and destabilizing effect on the child, as determined by a qualified mental health professional.